Inquiry: Sunwing flight incidents

Sunwing Flights between April 14 and 18, 2018

Background

The Canadian Transportation Agency (CTA) is holding an inquiry on Sunwing international flights that flew to or from the Toronto Pearson International Airport or the Montréal Pierre Elliott Trudeau International Airport between April 14 and 18, 2018 for which complaints have been filed with the CTA.

This inquiry's focus is on whether Sunwing treated its passengers in a manner consistent with its terms and conditions of carriage for international flights (tariff) and whether those terms and conditions are reasonable.

Frequently Asked Questions

Q1. How many complaints did the CTA receive relating to the Sunwing flights under inquiry?

The CTA received a total of 579 complaints about the following issues:

flight delays;

tarmac delays;

cancellations; and

baggage (lost, delayed or damaged).

Q2. When will my complaint be addressed? When can I expect to have my complaint resolved?

Complaints filed by individual passengers with the CTA regarding these incidents will be addressed through the Inquiry.

We will determine if Sunwing is liable to pay compensation. Our final decision will not determine the individual amounts owed to passengers. It will provide the rules and considerations for settling individual claims.

Sunwing and the passengers will have an opportunity to come to an agreement on the amount of compensation owing to the passengers based on the agency's ruling. The Agency will decide on individual compensation claims if an agreement cannot be reached.

Q3. Are the Inquiry Officer's report and testimonies public?

The Inquiry Officer's report and testimonies are now available under the reference section of this page.

Q4. Why is some portion of Sunwing's evidence not public?

When Sunwing submitted its evidence, it made a claim for confidentiality. The CTA reviewed the request and agreed that a portion of the content it submitted could cause Sunwing commercial harm if it was to be made public. The information was placed on a confidential record.

Q5. What are the next steps of this case?

The CTA has issued a show cause decision, which finds, on a preliminary basis, that Sunwing did not properly apply the applicable terms and conditions set out in its international tariff. The CTA has provided Sunwing with the opportunity to show cause why the CTA should not finalize these findings. The complainants will then have an opportunity to reply.

Following the receipt of submissions, the CTA will commence its deliberations.

Q6. What could be the end result of the CTA's inquiry?

This process will result in a final decision. Should the CTA confirm that Sunwing did not properly apply the applicable terms and conditions set out in its international tariff, it could require Sunwing to pay compensation for any expenses incurred by passengers and order the carrier to take other corrective measures.

Following the CTA's decision, Sunwing could also be required to pay a monetary penalty.

Q7. Does the fact that Sunwing already compensated certain passengers have an impact on the CTA's final decision?

Sunwing's offer of compensation to passengers does not affect the CTA's inquiry into the circumstances behind the Sunwing incidents. Once a final decision is made, the CTA could require Sunwing to pay compensation for any expenses incurred by passengers and order the carrier to take other corrective measures.

Q8. When does the CTA expect to issue a final decision?

The CTA will come to a final decision as quickly as possible, but it will take the time necessary to deliberate.

Q9. Does this inquiry have any relation to the air passenger protection regulations?